Legal Opinion

New York Central & Hudson River Railroad v. Buffalo & Williamsville Electric Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1904PublishedCited by 5 opinions

Appeal by the plaintiff, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 10th day of July, 1903, upon the decision of the court rendered after a trial at the Erie Special Term dismissing the plaintiff’s complaint upon the merits..

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Appeal by the plaintiff, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 10th day of July, 1903, upon the decision of the court rendered after a trial at the Erie Special Term dismissing the plaintiff’s complaint upon the merits.. The defendant, a street surface railroad company, was incorporated pursuant to the Railroad Law (Laws of 1890, chap. 565) in August, 1891. In its certificate of incorporation its projected road was set out as extending from the…

1Opinion of the Court

Spring, J.:

When the Legislature (Laws of 1890, chap. 565, § 59, added by Laws of 1892, chap. 676) made it an essential preliminary to the construction of a railroad that the Board of Railroad Commissioners should certify “ that public convenience and necessity ” required its *473construction, street railroads were in terms exempted from this provision. The exempting clause was not eliminated until the amendment thereto in 1895 (Chap. 545), and hence after the organization of the defendant and the completion of its road described in its certificate of incorporation.

Again, said section provides…

2Cases cited3 opinions

  1. People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
  2. In re Amsterdam, J. & G. RailroadNew York Supreme Court · 1895
  3. New York Central & Hudson River Railroad v. Auburn Interurban Electric RailroadNew York Court of Appeals · 1904

3Cited by5 opinions

  1. People v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1977
  2. Cushing v. Inhabitants of Town of BluehillSupreme Judicial Court of Maine · 1952
  3. Antenucci v. Hartford Roman Catholic Diocesan Corp.Connecticut Superior Court · 1954
  4. Roberts v. Huntington RailroadNew York Supreme Court · 1907
  5. Town of Colonie v. A. C. Allyn & Co.Appellate Division of the Supreme Court of the State of New York · 1936

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